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My husband and I are physically separated as of 05/2024 and residing in separate states. He’s still in California and an annulment was filed 05/24. He currently still getting money for us being married through the VA with him being 100%T/P. Am I allowed financial assistance as well from the VA? He still hasn’t finished his portion of paperwork after being served by the sheriff at the filling office 05/2024
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If your husband is still claiming VA spousal benefits while you’re separated, you’re not automatically entitled to payments directly from the VA. The VA sends all benefits to the veteran, and it’s up to him to report marital or household changes. However, if you’re legally separated or an annulment is pending and he hasn’t updated the VA, he could be overpaid for spousal benefits, and the VA may later require repayment.
You can contact the VA Regional Office and file a VA Form 21-0788 (Information Regarding Apportionment of Beneficiary’s Award) to request a portion of his benefits if you’re separated and need financial support. The VA reviews these requests case by case, considering need and fairness.
Keep copies of the annulment paperwork and proof of separation. If he refuses to cooperate, you can also contact the VA Office of Inspector General to report false dependency information. A veterans’ benefits attorney or accredited VA claims agent can help you file the apportionment request and communicate with the VA to make sure your rights are protected.
Answered on Nov 05th, 2025 at 12:46 AM